Judgement reserved on police shooting compo appeal

The ACT Court of Appeal has reserved its decision on whether police acted negligently when they shot a mentally ill man in 2001.

In 2001, Jonathan Crowley suffered a psychotic episode at Chapman in Canberra's west and threatened several people with a bamboo martial arts stick.

When law enforcement officers could not subdue him with capsicum spray, a police officer shot him in the neck.

The 43-year-old is now a quadriplegic and relies on help from his elderly parents.

Last year Justice Hilary Penfold found police and ACT Mental Health had breached their duty of care in their handling of the incident and Mr Crowley was awarded $8 million in compensation.

During the appeal, Peter Semmler QC who was acting for the Australian Federal Police (AFP) told the court the police were only doing the job expected of them by the public, and should have had immunity from liability in that situation.

"A police officer does not owe a duty of care to the person they are investigating and they were clearly investigating him," Mr Semmler said.

But Bernard Gross QC who was acting for Mr Crowley told the court the authorities did breach their duty of care.

Mr Gross says the police officers who located Mr Crowley should have waited for back up.

He says the officer who shot Mr Crowley had instead chosen to confront a large, angry man.